Bombing suspect fights attempted murder charges

Ahmad Khan Rahimi, accused in N.J. and N.Y. attacks, is seeking to have attempted murder charges dropped for police shootout.

In this Dec. 20, 2016, file photo, Ahmad Khan Rahimi, the man accused of setting off bombs in New Jersey and New York in September, injuring more than 30 people, is led into court in Elizabeth. Rahimi is seeking to have attempted murder charges dropped for his shootout with police.(Photo: Associated Press)

The lawyer for an Elizabeth man charged with planting bombs in New Jersey and New York in September argued Monday that attempted murder charges against his client in the shooting of several police officers should be dismissed for lack of evidence.

Ahmad Khan Rahimi, 28, was led into a Union County courtroom Monday dressed in a prison uniform and shackled. His attorney, Peter Liguori, argued that in a shootout that occurred in Linden while police officers were in pursuit of the suspect, Rahimi’s intent was not to hurt or kill the officers, but to escape them. He said the charge should be reduced to aggravated assault for three of the five shootings against police.

Superior Court Judge Regina Caulfield said she will issue a decision by the end of this month.

Rahimi is accused of planting two explosives in the Chelsea neighborhood of Manhattan on Sept. 17. One bomb, near 23rd Street, exploded and injured more than 30 people. The explosion propelled a Dumpster more than 120 feet and shattered windows more than 400 feet away from the blast site, authorities said.

A second bomb was found by authorities on 27th Street shortly after the first explosion. Earlier in the day, another bomb exploded at a 5K race supporting the Marine Corps in Seaside Park. On Sept. 18, additional explosive devices were found in a backpack near the NJ Transit station in Elizabeth. A robot was needed to defuse one device. Rahimi is suspected of planting those devices as well.

Following the bombings and a manhunt by authorities, Rahimi was found sleeping in the vestibule of a bar in Linden. He engaged in a shootout with police in Linden, injuring police officers before being shot himself, authorities said. When he was arrested, police found Rahimi’s journal – which, authorities say, mentions explosive devices and contains references to al-Qaida, among other things.

In response to Liguori’s plea that the attempted murder indictment be dismissed, Caulfield referred to grand jury testimony from officers stating that they saw Rahimi shooting at them.

“How does that not constitute as attempting to murder these officers?” she asked.

Ahmad Khan Rahimi, accused of setting off bombs in New Jersey and New York in September, injuring more than 30 people, in court in January.(Photo: Associated Press)

Ann Luvera, deputy first assistant prosecutor from the Union County Prosecutor’s Office, said a witness saw Rahimi shoot at police officers, get down on his knees and reload the gun to shoot at officers again. There’s an abundance of evidence, she said.

Still, Liguori said Rahimi is “not a sniper” – he was a significant distance away and “did not demonstrate a conscientious objective to kill.” He said he appeared to be on his knees because he had been shot 11 times and was falling toward the end of the event.

Liguori further argued that a number of jurors are familiar with the bombing aspects of the case, which also involve serious charges against Rahimi. He believes those jurors should be excused.

The judge said those jurors were asked if they could be fair and partial despite their prior knowledge and they said they could.

A prior attempt by the defense to have the trial relocated was denied last month.

“There are a lot of emotions involved in this case and possible prejudice,” Liguori said. “There’s a lot of pressure on how this case is handled.”

But Caulfield said Rahimi will not be treated any differently from any other suspect just because there are cameras and media in the courtroom; he will receive a fair trial, she said.

In October, Rahimi pleaded not guilty to charges of attempted murder of police officers and handgun offenses. In November, Rahimi was charged in an eight-count indictment by a grand jury in Manhattan federal court for his role in allegedly detonating the bomb in Chelsea.

Rahimi is also facing charges for the bombs detonated and found in Seaside Park and Elizabeth.